The six-month cooling-off period under Section 13B(2) of the Hindu Marriage Act was originally introduced to give spouses time to rethink their decision to separate. But in Amardeep Singh v. Harveen Kaur (2017), the Supreme Court clarified that this waiting period is not mandatory in every case. Instead, courts can waive it when a marriage has clearly broken down and all issues between the parties stand resolved.
Background of the Case
The couple in this case married in 1994 and had two children. Over the years, their relationship deteriorated and they began living separately in 2008. Despite multiple attempts at mediation and reconciliation, no progress was made. By 2017, both spouses had mutually settled every aspect of their marital dispute, including maintenance, custody, and pending litigation. Since prolonging the process would only add to their stress, they jointly requested the Court to waive the six-month waiting period required between the first and second motions for mutual consent divorce.
The Legal Question
The central issue was straightforward:
Is the six-month cooling-off period compulsory for all mutual consent divorces, or can it be waived in appropriate cases?
What the Supreme Court Held
The Court drew an important distinction:
The one-year separation period (Section 13B(1)) is mandatory.
The six-month waiting period (Section 13B(2)) is directory, not mandatory.
This means courts have the authority to waive the cooling-off period if the facts show that reconciliation is impossible and forcing parties to wait would only prolong hardship. Importantly, the Court also noted that exercising this power does not require invoking Article 142; Family Courts and High Courts can grant the waiver independently.
When the Waiting Period Can Be Waived
The judgment listed clear conditions:
The couple has already been living separately for more than a year.
All mediation and reconciliation attempts have failed.
A genuine and comprehensive settlement has been reached.
No useful purpose would be served by making them wait another six months.
Why This Judgment Matters
The ruling makes the divorce process more humane by recognizing that procedure should not obstruct justice. When both spouses have fully resolved their issues and are firm in their decision to part ways, the law should support a quicker and smoother exit.
For a more detailed and in-depth breakdown of this landmark judgment, you can
Read the full detailed case analysis on AM Legal.
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